' PUBLIC LAW BOARD N0. 1838
Award No. 9
Case No. MW-RO-76-2
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company
Statement 1. Carrier violated the effective Agreement as of December 3, 1975 when
of it unfairly and unjustly dismissed from its service Extra Force Laborer
Claim: L. M. Mitchell, Jr.
2. Claimant Mitchell shall be restored to service, paid for all time
lost, with vacation, seniority and all other rights unimpaired.
Findings: The Board finds, after hearing upon the whole record and all evidence
that the parties herein are Carrier and Employee within the meaning of
the Railway Labor Act, as amended, that this Board is duly constituted
by Agreement dated March 1, 1976, that it has jurisdiction of the parties
and the subject matter, and that the parties were given due notice of
the hearing held.
Claimant, an extra force Laborer for some six (6) years, was dismissed
from Carrier's service December 3, 1975 for unauthorized absence from duty
December 1, through December 3, 1975 in violation of Agreement Rule 26.
Said Rule 26 provides:
"An employee desiring to be absent from service must obtain permission
from his foreman or the proper officer. An employee detained from work
on account of sickness or for other unavoidable cause shall notify his
foreman or the proper officer as early as possible."
The subsequent investigation thereon,held upon Claimant's request~failed
to create cause for a change in the discipline originally imposed.
Claimant was accorded due process.
-2- Award No.
9-Ig38
The evidence adduced, including Claimant's admission, provides ample
support for Carrier's conclusion that Claimant had been off without
authority and that he had failed to notify any Carrier Supervisor of
his intent to be absent on December 1, 2 and 3, 1975.
In light of the fact that Claimant had been previously dismissed from -
service, June 17, 1971 for being absent without permission and was
reinstated a month later, the Board finds that the discipline assessed
was reasonable, therefore this claim will be denied.
Award: Claim denied.
`.11
A. J. unningha , E loyee Member G. C. Edwards, Carrier Memter
Arthur T. Van Wart, Chairman and
Neutral Member
Issued at Wilmington, Delaware, May 1, 1978.
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